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SENECA INS. CO., INC. v. JFR CONSTR. CORP.

10548. 159603/15.

178 A.D.3d 504 (2019)

111 N.Y.S.3d 851

2019 NY Slip Op 08931

Seneca Insurance Company, Inc., as Subrogee of SI Realty, LLC, Appellant, v. JFR Construction Corp., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 12, 2019.

Attorney(s) appearing for the Case

Kahn & Goldberg, LLP, New York ( Eric Goldberg of counsel), for appellant.

Mauro Lilling Naparty LLP, Woodbury ( Anthony F. Destefano of counsel), for respondent.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

Plaintiff brought this subrogation action arising from property damage that allegedly resulted from the freezing and bursting of sprinkler pipes in the attics of two properties owned by its insured, nonparty SI Realty, LLC. Defendant construction subcontractor installed the sprinkler heads in the properties.

Defendant established prima facie that it did not owe any duty to SI Realty and that any duty it might have owed...

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